Court resumes Tuesday in the sentencing trial of Parkland school shooter Nikolas Cruz.
On Monday, jurors got their first view of the AR-15-style rifle he used to murder 17 students and staff members four years ago at Parkland’s Marjory Stoneman Douglas High School, staring intently as it was carried to the front of the courtroom.
Lead prosecutor Mike Satz removed the black semi-automatic Smith & Wesson from a cardboard box and carried it to Broward Sheriff’s Office Sgt. Gloria Crespo, who said it was found in a third-floor stairwell after the Feb. 14, 2018, massacre.
Video seen by jurors previously showed that Cruz placed it on the landing along with his backpack and the black shooter’s vest he had been wearing before fleeing the school.
The defense objected to the weapon’s introduction, saying without explanation that it lacked relevance and was unfairly prejudicial. The defense also objected to Satz placing the gun on the floor behind him in easy view of the jurors instead of placing it on an evidence table away from them.
Circuit Judge Elizabeth Scherer rejected the objections.
David Weinstein, a Miami criminal defense attorney and former prosecutor who is not involved in the case, said the defense believes that since Cruz pleaded guilty, the gun and other evidence such as surveillance video and crime scene photos are no longer relevant and serve to inflame the jurors’ emotions.
Prosecutors have successfully argued that such evidence is necessary to prove the murders included at least one aggravating factor such as being committed in a cruel or heinous manner or during a crime that endangered the lives of many people.
The 12 jurors will have to consider each victim and vote on whether or not Cruz deserves to die for his crimes. Without the jury’s unanimous vote, Scherer will have to sentence Cruz to life in prison without the possibility of parole.
Scherer estimated the penalty phase will be at least three months long.
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On Monday, jurors got their first view of the AR-15-style rifle he used to murder 17 students and staff members four years ago at Parkland’s Marjory Stoneman Douglas High School, staring intently as it was carried to the front of the courtroom.
Lead prosecutor Mike Satz removed the black semi-automatic Smith & Wesson from a cardboard box and carried it to Broward Sheriff’s Office Sgt. Gloria Crespo, who said it was found in a third-floor stairwell after the Feb. 14, 2018, massacre.
Video seen by jurors previously showed that Cruz placed it on the landing along with his backpack and the black shooter’s vest he had been wearing before fleeing the school.
The defense objected to the weapon’s introduction, saying without explanation that it lacked relevance and was unfairly prejudicial. The defense also objected to Satz placing the gun on the floor behind him in easy view of the jurors instead of placing it on an evidence table away from them.
Circuit Judge Elizabeth Scherer rejected the objections.
David Weinstein, a Miami criminal defense attorney and former prosecutor who is not involved in the case, said the defense believes that since Cruz pleaded guilty, the gun and other evidence such as surveillance video and crime scene photos are no longer relevant and serve to inflame the jurors’ emotions.
Prosecutors have successfully argued that such evidence is necessary to prove the murders included at least one aggravating factor such as being committed in a cruel or heinous manner or during a crime that endangered the lives of many people.
The 12 jurors will have to consider each victim and vote on whether or not Cruz deserves to die for his crimes. Without the jury’s unanimous vote, Scherer will have to sentence Cruz to life in prison without the possibility of parole.
Scherer estimated the penalty phase will be at least three months long.
Continue reading...